Question asked on March 27th, 2019
Q: My husband got arrested for domestic violence the D.A has sent someone to subpoena me if the papers are served can I plead no contest or plead the 5th in court?
A: You can “plead the fifth” if you believe your answer may serve to incriminate you; that is because the fifth amendment prohibits compelling a person to testify against himself or herself. If you are trying to not testify against someone else (your spouse) your inquiry is about the “marital privilege” and should be directed to a criminal law attorney.
Frequently Asked Questions
Can I plead the Fifth to avoid testifying against my husband in his domestic violence case?
Only if your own answer could incriminate you. The Fifth Amendment protects a person from being compelled to testify against himself or herself; it does not let you refuse to testify in order to protect someone else, including your spouse. If what you really want is to avoid testifying against your husband, the question is about the marital privilege, not the Fifth Amendment, and it should be directed to a criminal defense attorney.
What is the marital privilege in Nevada?
The marital privilege is the rule that, in certain circumstances, one spouse cannot be compelled to testify against the other. Whether it applies in a domestic violence prosecution where the spouse is the alleged victim is a criminal law question with important exceptions, and a Nevada criminal defense attorney, not a family law attorney, is the right person to answer it (NRS 49.295).
Can a witness plead no contest if subpoenaed in a Nevada domestic violence case?
No. A plea of no contest is something a defendant enters in response to a criminal charge; a witness who has been subpoenaed does not enter a plea at all. A subpoenaed spouse’s options are to testify, to assert the Fifth Amendment if her own answers could incriminate her, or to assert the marital privilege if it applies, and the last two require advice from a criminal attorney before the court date. Willick Law Group can review your situation in a consultation.
Marshal S. Willick is the principal of the Willick Law Group, an A/V rated Family Law firm in Las Vegas, Nevada, and practices in trial and appellate Family Law. He is a Certified Family Law Specialist, a Fellow of both the American and International Academies of Matrimonial Lawyers, former Chair of the Nevada Bar Family Law Section and former President of the Nevada chapter of the AAML.
Latest posts by Marshal S. Willick (see all)
- New Cases Added to MLAW: 5 COA Unpublished: Maxwell, Schoenwald, In Re: Marriage of Carney and Probst, Pinto, and Trout. - November 1, 2026
- New Cases Added to MLAW: 5 COA Unpublished: Gray, Hoodenpyle, Newcomb, Hall, and Martin - October 28, 2026
- Vol. 83 — The Evolution of Standards for Termination of Parental Rights in Nevada - October 27, 2026